Combined Property
Kumar Krishan Agarwal Advocate
(Querist) 08 July 2009
This query is : Resolved
Dear Solicitor,
I am an advocate and tangled with the problem of its unique kind.
1. My mother has two younger sisters and four younger brothers. So actually seven children are there who have one ancestral shop 30 * 20 sq. foot area in market. My mother and two younger sisters want to sell the shares but no buyer has coming forward as the buyer want whole (seven) shares of the seven children before purchasing.
2. All Brothers don't want to sell their shares to anybody. One brother has taking and doing trade business into the shop for so long. HE has not been sharing any profit earnings from the sisters. [i.e taking undue advantage and profits from that shop.]
3. I didn't want o file a partition suit for recovery of the title partition of our shares, as it requires heavy court fees and long proceedings. This property is also not able for making individual partition among seven children.
4. Now what the alternatives are ?
a. How to dispose of this property and gets the buyer excluding four brothers shares so that he purchases our shares?
b. File a declaration and perpetual injunction suit so that all the brothers cannot earn from the property. and leave it as it is forever ?
c. Property how dissolved without the interference of our four younger brothers ?
Will court will provide any alternative so that the property will be dissolved without the four brothers shares.
5. At last, I want anyway so that the property is to be dissolved or being restricted forever being used by any brother. whether it lay empty closed shop into the whole-life absolutely till death.
Thanks for giving your valuable advise,
by
KK Agarwal Adv,
Muzaffarnagar , INDIA.
Mb:- 09319365499
adv. rajeev ( rajoo )
(Expert) 08 July 2009
make a compromised beween your borthers and sisters. One of the family members cannot sell their share to others because right of preemption is there, if any body wants to sell the share, he has to first ask the co-sharer. In ur case your sisters want to sell their share, but they cannot do so.
All of u can take a decision that if one of your family members is ready to purchase others share u can sell him.
If it is not possible then u have to file a suit for partition in this u can ask for the mense profit. No injunction will granted aginst the coparceners.
